FLORIDA CONSTRUCTION INDUSTRY LICENSING … CONSTRUCTION INDUSTRY LICENSING BOARD . ... Christian P....

FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD

Hilton Cocoa Beach Oceanfront 1550 N Atlantic Avenue Cocoa Beach, FL 32931

321.799.0003

January 12, 13-15, 2016

MEETING MINUTES Approved April 15, 2016

Board Members Present Roy Lenois, Vice Chair Robert Moody Albert Korelishn Aaron Boyette Richard Kane William Sheehan Mark Pietanza Mary Layton James Evetts Andrew Allocco Keith Lawson II Christopher Cobb Richard Kane William “Brian” Cathey, Chair Jason Wolf Board Members Absent Jacqueline Watts Hector Castro Edward Weller Others Present Dan Biggins, Executive Director, DBPR Amanda Wynn, Senior Management Analyst Supervisor, DBPR Aimee Odom, Government Analyst, DBPR Brian Lynch, Regulatory Consultant, DBPR Douglas Dolan, Legal Advisor, AGO Rachel Clark, Legal Advisor, AGO Ian Brown, Prosecuting Attorney, DBPR Kelly Wright, Assistant Attorney, DBPR Clayton O’Steen, Assistant Attorney, DBPR

Department of Business & Professional Regulation Construction Industry Licensing Board

Meeting Minutes January 2016 of 26

ADDITIONAL BUSINESS ENTITIES REVIEW Division II Board members met for Additional Business Entities Review on January 13, 2016 from 2:00 – 3:39pm. Mr. Lawson led the meeting. Of the 18 applications on the agenda, 9 were approved, 2 were continued, 3 were approved contingent, 2 were denied, 1 was withdrawn and 1 was pulled. APPROVED (9) Chils, Amado Dollar, Paul E. Gomez, Doris E Harrell, Lynn D. Jennings, Russell B. Leiva Jr., Wilfredo Miller, Bradley B. Newton, Robert M. Scannell, Buddy CONTINUED (2) Cardoso, Christian P. – 90 day continuance Staton Jr., Kenneth E. – 60 day continuance CONTINGENT (3) Barrios, Ardiel Rodriguez-Miro, Camilo N. Ruggiano, Anthony J. DENIED (2) Guerra, Felix D. Pietras, Robert D. WITHDRAWN (1) Gomez, Doris E. PULLED (1) Elkins Sr., Paul B. Division I Board members met for Additional Business Entities Review on January 14, 2016, from 2:19 – 4:30pm. Mr. Boyette led the meeting. Of the 53 applications on the agenda, 26 were approved, 8 were approved contingent, 12 were continued, and 7 were denied. APPROVED (26) Abram, Mark A. Barlow, Allen D. Blanco, Ubaldo Castellanos, Wesley A. Dinkins, John C. Ezzard, Michael J. Foote, David G.



Gunter, Dennis T. Layman, Scott R. Leiva Jr., Wilfredo Martin, William H. McCollum, Gary B. Modica, Michael L. Nolen, William S. Paige, Scott W. Paredes Paoli, Eloy Pelaez, Pedro R. Raab, Michael L. Ramirez, Reinaldo Rojas, Nestor A. Salazar, Zeuxis R. Scudder, Todd S. Searcy Jr., Howard L. Streeter, Jeffery B. Thompson, Kenneth L. Wilson, Scott G APPROVED CONTINGENT (8) Bessey, Jeff A. Fryslie, Andrew C. Gomez, Doris E. Homer Jr., Donald A. Kerry, Alan E. Metzger Sr., Michael J. Reyna, Ricardo Risi, John A. CONTINUED (12) Boyll, Paul C. – 30 day continuance Carr, Christopher M. - 30 day continuance Cooper, Michael P. – 30 day continuance Donahue, Donald F. – 180 day continuance Gotfredson III, Lawrence – 60 day continuance Heitz, Howard J. – 90 day continuance Homitz, Craig A. - 60 day continuance Kearney Jr., Bing Charles W. – 30 day continuance Kearney Jr., Bing Charles W. – 30 day continuance Oquendo, Keisy – 30 day continuance Romack, Edward W. – 60 day continuance Simigran, David R. – 60 day continuance DENIED (7) Alfaro, Melvin D. Diaz, Aldrick A. Hinkle, Donald G. MacDonald, Mark D.



Rivers, Steven B. Rockwell, Vance Serrano, Carlos M. APPLICATION REVIEW Division II Board members met for Application Review on January 13, 2016, from 3:54 – 5:58pm. Mr. Allocco led the meeting. Of the 43 applications on the agenda, 22 were approved, 6 were continued, 5 were denied, 5 were withdrawn and 5 were pulled. APPROVED (22) Arambula, Colleen E. Burgos Sr., Alexander Courtney, Samuel E. Davis, Derrek W. Douglass, Mark C. Evans, Curtis L. Garcia, Yandis M. Gingerich, Scott D. Hough, John G. Jeantinor, Wisly Jones III, Ronald B. Ott, Bradley R. Pickett, Robby H. Richert, Shawn Roberts, Mark A. Romero, Natasha M. Santos, Juan A. Smith, David A. Stone, Michael W. Tognaci, Michael A. Voss, Kyle K. Willman, Jacob F. – downgrade to Class B Air Conditioning Contractor CONTINUED (6) Castillo, Giselle – 30 day continuance Grimes, Gregory S. – 90 day continuance McKissick, Douglas F. – 180 day continuance Pusateri, Eric M. – 180 day continuance Vanhoose, Carl W. – 90 day continuance Wood, Zhon P. – 30 day continuance DENIED (5) Arango Sr., Arango Diaz, Jorge L. Dykes, Donald G. Loftus, Nicholas Vazquez, Jose M.



WITHDRAWN (5) Cassidy, Todd M. Coats, Michael K. Kahlig, Scott J. Morse, Edward G. Motiejunas, Jonas M. PULLED (5) Anderson, John S. Cordone, John P. Giachos Jr., Themis D. Hinkley, David V. Reyes, Alexander E. Division II voted unanimously to ratify the list of financially responsible officer approvals. Division I Board members met for Application Review on January 14, 2016, from 4:43– 7:23p.m. Mr. Evetts led the meeting. Of the 42 applications on the agenda, 20 were approved, 10 were continued, 10 were denied, and 2 were pulled. APPROVED (20) Arias, Yanuario A. Castillo, Giselle Cheney, Christopher P. Delgado, Walter Dolan III, John A. – downgrade to a Certified Building Contractor Fricker, Glenn C. Gallagher, Sean A. Goral, Raymond G. Jones, Andrew T. Klausmeyer, Eric E. McKercher, Charles – downgrade to a Certified Residential Contractor Miller, Kyle D.- downgrade to a Certified Building Contractor Palacio Lamoth, Henrry Palacios, Pablo Sharkey, David W. Simms, Richard B. Sparks Jr., Franklin D. Tate, John R. Tenorio, Santiago Weeks, William M. CONTINUED (10) Cabale Aguilar, Noel – 90 day continuance Fontana, Rommel J. – 90 day continuance Garousi, Aria F – 60 day continuance Jones, James J. – 60 day continuance Lolley Jr., John L. – 90 day continuance McFarland, Jeffrey D.- 90 day continuance



Peters, John C. – 90 day continuance Shine, Matthew S. – 60 day continuance Stanton, Keith B. – 90 day continuance Topolovec, Steven – 90 day continuance DENIED (10) Austin, Matthew G. Bennett, Randy L. Bramlett, Stephen G. Garcia, David Guariglia, Joseph Hetland, Jonah P. Montalvo, Yahve Mulder, Mark T. Stapleton, David Tolmo, Miguel R. PULLED (2) Harris, Jim J. Lampe, Douglas M. Division I voted unanimously to ratify the list of financially responsible officer approvals. Division I Board members met for Final Action on January 14, 2016 from 8:30am– 9:02am. Mr. Evetts led the meeting. Case #(s): 2013038631 CHARLES ROBERT BOYD License #(s): CGC12754 174 N. ATLANTIC AVE. COCOA BEACH, FL 32931 PULLED Not present at hearing Case #(s): 2015000633 DARRELL FLOYD CLARK License #(s): CRC1326378 182 S. LAKE DRIVE LEESBURG, FL 34788 Pay administrative fines in the amount of $5,000 and costs of $386.09 Satisfy civil judgment 7 hours of live continuing education w/ emphasis on Ch. 489, F.S. Not Present at hearing Case #(s): 2013038572 MICHAEL F. CRIBBS License #(s): CRC1328349 5503 LYNWOOD RD. PENSACOLA, FL 32506



Probation for 4 years Pay administrative fines in the amount of $5,500 and costs of $285.68 7 hours of live continuing education w/ emphasis on Ch. 489, F.S. Not Present at hearing Case #(s): 2015019326 RICHARD E. ROBERSON JR. License #(s): CGC1519276 1911 SW SOUTH MACEDO BLVD. PORT ST. LUCIE, FL 34984 Probation for 4 years Pay administrative fines in the amount of $9,500 and costs of $537.65 14 hours of live continuing education w/ emphasis on Ch. 489, F.S. Not Present at hearing Case #(s): 2014023428 FELIPE ALBERTO JR. RODRIGUEZ License #(s): CGC152797 13706 SW 145TH CT. MIAMI, FL 33186 PULLED Not present at hearing Case #(s): 2014014639 JESUS ROBERTO RODRIGUEZ License #(s): CGC3408 3815 SW 89TH AVENUE MIAMI, FL 33165 REVOCATION Pay administrative fines in the amount of $55,000 and costs of $166.34 Not Present at hearing Case #(s): 2014044497 JESUS ROBERTO RODRIGUEZ License #(s): CGC3408 3815 SW 89TH AVENUE MIAMI, FL 33165 REVOCATION Pay administrative fines in the amount of $15,000 and costs of $252.16 Not Present at hearing Case #(s): 2015002961 ALBERT VINCENT SEVERINO License #(s): CGC060731 P.O. BOX 3231 ORLANDO, FL 32802-3231 Probation for 6 years Pay administrative fines in the amount of $10,000 and costs of $304.91 14 hours of live continuing education w/ emphasis on Ch. 489, F.S.



Not Present at hearing Case #(s): 2015000973 HUGO A. VILLABONA License #(s): CGC1512478 11335 SW 74TH LANE MIAMI, FL 33173 Restitution in the amount of 72,933.80 Probation for 4 years Pay administrative fines in the amount of $17,500 and costs of $226.58 Not Present at hearing Case #(s): 2014023616 RAYMOND ANCIL WOODS License #(s): CBC058759 5075 PARK BLVD., UNIT A PINELLAS PARK, FL 33781 SETTLEMENT STIP REJECTED Present at hearing Division I & II Board members met for Final Action on January 14, 2016, from 9:03am– 9:25am. Mr. Evetts and Mr. Cobb led the meeting. Case #(s): 2015005383 LENNOX SR. CHARLES License #(s): CGC1510133, CCC1328216 1456 NW 192nd TERR. MIAMI, FL 33169 PULLED Present at hearing Case #(s): 2014032663 GILBERT N. CLOUTIER License #(s): CBC58236, CCC57647 3143 WALLER ST. JACKSONVILLE, FL 32254 Pay administrative fines in the amount of $500 and costs of $281.03 7 hours of live continuing education w/ emphasis on Ch. 489, F.S. Not Present at hearing Case #(s): 2014005278 KENNETH DOUGLAS DUNKO License #(s): FRO5516 6425 CAUSEWAY BLVD. TAMPA, FL 33619 VOLUNTARY RELINQUISHMENT Pay administrative fines in the amount of $10,000 and costs of $271.57 Not Present at hearing



Case #(s): 2014049280 TERRY LYNN EDWARDS License #(s): CGC1519559, CGC1520009, CPC1458410 2101 NW 33rd ST. #400 POMPANO BEACH, FL 33069 Restitution in the amount of $15,456.00 Probation for 4 years Pay administrative fines in the amount of $14,000 and costs of $386.09 7 hours of live continuing education w/ emphasis on Ch. 489, F.S. Not Present at hearing Case #(s): 2015008327 TOMMY EARL JR. HAMM License #(s): CGC1520176, CGC1520715, CCC1328518 1204 SAVANNAH DRIVE PANAMA CITY, FL 32405 Probation for 2 years Pay administrative fines in the amount of $0.00 and costs of $321.53 Present w/ counsel at hearing Division II Board members met for Final Action on January 14, 2016, from 9:38am– 10:33am. Mr. Cobb led the meeting. Case #(s): 2015002089 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Pay administrative fines in the amount of $170,000 and costs of $1,915.74 for all cases Not Present at hearing Case #(s): 2015028934 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $1,900.00 Not Present at hearing Case #(s): 2015026159 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $2,000.00 Not Present at hearing



Case #(s): 2015028506 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $1,823.00 Not Present at hearing Case #(s): 2015025330 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $1,599.00 Not Present at hearing Case #(s): 2015026954 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $1,600.00 Not Present at hearing Case #(s): 2015028435 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $2,066.00 Not Present at hearing Case #(s): 2015025086 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $1,966.00 Not Present at hearing Case #(s): 2015025813 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8



JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $1,666.00 Not Present at hearing Case #(s): 2015026173 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $1,600.00 Not Present at hearing Case #(s): 2015025438 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $1,666.00 Not Present at hearing Case #(s): 2015026865 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $1,500.00 Not Present at hearing Case #(s): 2015029794 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Not Present at hearing Case #(s): 2015031494 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $2,000.00 Not Present at hearing



Case #(s): 2015032879 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Not Present at hearing Case #(s): 2015032921 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $1,466.00 Not Present at hearing Case #(s): 2015029392 STEVEN P. BOHN License #(s): CAC1815540 6198 RIVERWALK LANE #8 JUPITER, FL 33458 VOLUNTARY RELINQUISHMENT Restitution in the amount of $1,715.34 Not Present at hearing Case #(s): 2015023224 TRAVIS S. CAMPBELL License #(s): CCC1328802 133 NE 11TH PLACE CAPE CORAL, FL 33909 Pay administrative fines in the amount of $500 and costs of $59.21 14 hours of live continuing education w/ emphasis on Ch. 489, F.S. Present at hearing Case #(s): 2015015423 ROLANDO L. FIGUEROA License #(s): CCC1329338 6112 WILBUR WAY LAKE WORTH, FL 33467 REVOCATION Pay administrative fines in the amount of $10,000 and costs of $268.01 Not Present at hearing Case #(s): 2014034357 DEBORAH LYNN HARMON License #(s): CAC1817500 1105 SW 5TH ST. OKEECHOBEE, FL 34972



REVOCATION Pay administrative fines in the amount of $7,500 and costs of $427.73 Present at hearing Case #(s): 2014012652 MIGUEL SABA HERNANDEZ License #(s): CCC58285 1353 CROSSBILL CT. WESTON, FL 33327 Pay administrative fines in the amount of $2,500 and costs of $249.91 7 hours of live continuing education w/ emphasis on Ch. 489, F.S. Present at hearing Case #(s): 2015012087 RANDAL A. MISCHKA License #(s): CCC1816801 1262 COMMONS COURT CLERMONT, FL 34711 Pay administrative fines in the amount of $10,000 and costs of $263.37 14 hours of live continuing education w/ emphasis on Ch. 489, F.S. Not Present at hearing Case #(s): 2015007734 BRUCE ALAN RUGANI License #(s): CAC1814730 2420 3RD PLACE SW VERO BEACH, FL 32962 Pay administrative fines in the amount of $500.00 and costs of $205.77 7 hours of live continuing education w/ emphasis on Ch. 489, F.S. Present at hearing Case #(s): 2015028240 ANTONIO E. SANCHEZ License #(s): CCC1329381 3445 SW 104 COURT MIAMI, FL 33165 Probation for 2 years Pay administrative fines in the amount of $2,000 and costs of $31.65 7 hours of live continuing education w/ emphasis on Ch. 489, F.S. Not Present at hearing Case #(s): 2014053020 KEVIN T. SMITH License #(s): CFC027524 3999 WEST 1ST STREET SANFORD, FL 32771 30 day continuance Counsel Present at hearing



Case #(s): 2014052112 KEVIN T. SMITH License #(s): CFC027524 3999 WEST 1ST STREET SANFORD, FL 32771 30 day continuance Counsel Present at hearing Case #(s): 2014005262 KEVIN T. SMITH License #(s): CFC027524 3999 WEST 1ST STREET SANFORD, FL 32771 30 day continuance Counsel Present at hearing Case #(s): 2015025282 EDWARD P. JR. ZINKIL License #(s): CCC1328255 4611 S UNIVERSITY DR., STE. 407 DAVIE, FL 33328 REVOCATION Pay administrative fines in the amount of $12,500 and costs of $300.59 Not Present at hearing PROBATION Division II Board Members convened for Probation on January 14, 2016 from 10:35am – 10:54a.m. Mr. Korelishn led the meeting. CRUZ, RODOLFO – CCC1329660 Result: Satisfactory HARTWICK, BENJAMIN – CAC1816206 Result: Satisfactory LEBRON, MELISSA – CCC1326740 Result: Satisfactory PRINCE, LYNN – RA13067549 Result: Satisfactory PROVENCAL, LARRY – CCC1328747 Result: Satisfactory Stays of suspension lifted BLESSITT, KEVIN – CCC1330602 Result: Stay Lifted



Division I Board Members convened for Probation on January 14, 2016 from 1:00 – 2:04pm. Mr. Sheehan led the meeting. ALLEN, STEVEN – CGC1521189 Result: Satisfactory AMBROSE, JOSEPH – CGC060341 Result: Satisfactory ANASTASI, ROBERT – CGC1521380 Result: Unsatisfactory ANISKEWICZ, CHRISTOPHER – CBC1251863 Result: Unsatisfactory ASBURY, JASON – CGC1511019 Result: Satisfactory BARNETT, WINTHROP – CGC1508084 Result: Unsatisfactory CALVERT, RICKY – RR0067639 Result: Satisfactory DOAN, JEFFREY – CRC1329465 Result: Continuance HENDERSON, JONATHAN – SCC131149811 Result: Satisfactory MERRITT, DONALD – CBC1259938 Result: Satisfactory NORTHWAY, BRYAN – CGC1522363 Result: Unsatisfactory ORMAN, MARK – CGC1506674 Result: Satisfactory PROVENCAL, LARRY – CGC1515398 Result: Satisfactory RUDGE, REMON – CGC1506495 Result: Satisfactory RUKSE, JOSEPH – CRC1331108 Result: Satisfactory SHEFFIELD, JEFFREY – CBC1254365



Result: Unsatisfactory SMALL, BENNIE JR. – CGC1509633 Result: Satisfactory WINTERS, TRACY – CBC059798 Result: Satisfactory Stays of suspension lifted ATTARD, DAVID, CBC1256330 Result: Continued CERBER, SINCLAIR, CBC1260439 Result: Stay Lifted DAVIS, JOEL, CGC1519612 Result: Continued KNIGHTEN, LISA, CBC1256809 Result: Continued LLITERAS, MICHAEL, CBC1251786 Result: Stay Lifted WARDLOW, CHRISTOPHER, CGC1511775 Result: Continued GENERAL SESSION The meeting was called to order by Jim Evetts, at 9:00am. Mr. Lenois gave the Invocation. Mr. Boyette led the Pledge of Allegiance. EXECUTIVE DIRECTOR’S REPORT – Daniel Biggins Mr. Biggins gave the following report: CILB Complaint Summary Mr. Biggins requested the Board excuse the following absences:

• Jacqueline Watts • Hector Castro • Ed Weller

The Board voted unanimously to excuse the above absences. Mr. Biggins also informed the board that Session is early this year, there have been two bills filed 1.) Building Code Bill, bringing in Division II into the Recovery Fund and 2.) Military Experience- SB1504 With nothing further to report the board voted unanimously to approve this report.



CHAIRMAN’S REPORT – Jim Evetts Mr. Evetts has nothing to report. With nothing further to report the board voted unanimously to approve this report PROSECUTING ATTORNEY’S REPORT – Ian Brown Mr. Brown gave the following report: For the month of December 2015, the overall license activity case load was 739, up from 662 in November of 2015, and up from 633 in December 2014. There were 499 cases currently in Legal to be reviewed, 26 cases set for probable cause, 43 cases where probable cause had been found/administrative complaints filed, 1 settlement stipulation approved, 6 informal hearings requested, 0 cases awaiting outside action, 11 cases ready for default, 52 formal hearings requested, 0 cases referred to DOAH, 0 cases in settlement negotiations, 0 case pending board date, 49 cases set for board presentation, 52 cases awaiting final orders, 0 cases under appeal and 0 cases had been re-opened. For the month of December 2015, 46 cases were closed. With nothing further to report the board voted unanimously to approve this report. ATTORNEY GENERAL’S REPORT – Douglas Dolan JAMES BIFULCO – PETITION FOR DECLARATORY STATMENT Mr. Bifulco was present. Mr. Dolan presented this case stating that Bifulco filed a petition for Declaratory Statement on November 6, 2015. The petition was noticed in the Florida Administrative Register on November 13, 2015. Mr. Dolan noted the petitioner asks the Board whether a general contractor’s license is required to construct temporary structures such as outrigger safety netting, perimeter guardrails and netting systems, protection decks and scaffolds used to stage significant material loads, and shaft and floor hold opening protections used in the course of constructing residential and commercial buildings greater than 1, 2, or 3 family dwellings, and greater than 3 stories in height. After discussion, the board voted to decline to answer due to the petition being facially insufficient as it does not comply with the above-referenced statute or rule(s). MARK BRADFORD – REQUEST FOR INFORMAL HEARING Mr. Bradford was present Mr. Dolan presented this case stating Mr. Bradford’s application for a Certified General Contractor’s license, was previously reviewed and considered at the September 2015 meeting of the Board. The application was denied for failure to demonstrate the required experienced, pursuant to section 489.111, Florida Statute, and Rule 61G4-15.001 Florida Administrative Code and failure to demonstrate



the ability to supervise the construction work and business activities of the organization, as required by section 489.119, F.S. Mr. Bradford timely requested board reconsideration. After discussion, the board voted to uphold the denial CAMPBELLSVILLE INDUSTRIES, INC. – PETITION FOR DECLARATORY STATMENT A representative of Campbellsville Industries, Inc. was present. Mr. Dolan presented this case stating that Campbellsville Industries, Inc. filed a petition for Declaratory Statement on December 7, 2015. The petition was noticed in the Florida Administrative Register on December 9, 2015. Mr. Dolan noted the petitioner asks the Board whether a ”Specialty Contractor” category of “Steeple/Cupola Installer” can be created and adopted as a sub-set of “Sheet Metal Contractor”, as described in Section 489.105(q), F.S. The specialty Contractor category would be limited to the installation only of prefabricated steeples and cupolas, not fabrication. After discussion, the board voted to decline to answer due to the petitioner not being a substantially affected party, and that a petition for declaratory statement is not the proper mechanism by which to initiate rulemaking. KEVIN CRAMER – REQUEST FOR INFORMAL HEARING Mr. Cramer was present with counsel Mr. Dolan presented this case stating Mr. Cramer’s application for a Certified General Contractor’s license, was previously reviewed and considered at the August 2015 meeting of the Board. The application was denied for failure to demonstrate the required experienced, pursuant to section 489.111, Florida Statute, and Rule 61G4-15.001 Florida Administrative Code, or the ability to supervise the construction work and business activities of the organization, as required by section 489.119, Florida Statutes. Mr. Cramer timely requested board reconsideration. After discussion, the board voted to vacate the previous denial and approve a downgrade to a Certified Building Contractor’s license. VINCENT FAFARD – REQUEST FOR INFORMAL HEARING Mr. Fafard was present with counsel Mr. Dolan presented this case stating Mr. Fafard’s application for a Certified General Contractors’ license was denied at the September 2015 meeting of the Board for failure to demonstrate required experience, as required by Florida Statute 489.111 and Rule 61G4-15.001, Florida Administrative Code, or the ability to supervise the construction work and business activities of the organization as required by section 489.119, Florida Statutes. The Notice of Intent to Deny was filed in October of 2015. Ms. Fafard’s timely requested board reconsideration. After discussion, the board voted to vacate the previous denial and approve the application. BRADLEY FOSTER – REQUEST FOR INFORMAL HEARING



The board granted Mr. Foster’s request for a 30 day continuance GREG GARCIA – REQUEST FOR INFORMAL HEARING Mr.Garcia was not present Mr. Dolan presented this case stating Mr. Garcia’s application for a Certified General Contractor’s license, was previously reviewed and considered at the June 2015 meeting of the Board. The application was denied for failure to demonstrate the required experienced, pursuant to section 489.111, Florida Statute, and Rule 61G4-15.001 Florida Administrative Code, or the ability to supervise the construction work and business activities of the organization, as required by section 489.119, Florida Statutes. The Notice of Intent to Deny was filed in July of 2015. Mr. Garcia timely requested board reconsideration. After discussion, the board voted to uphold the denial. WILLIAM DAVID GRAF – REQUEST FOR INFORMAL HEARING The board granted Mr. Graf’s request for a 30 day continuance JARROD TYSON HAYES – REQUEST FOR INFORMAL HEARING Mr. Hayes was present. Mr. Dolan presented this case stating Mr. Hayes’ application for a Certified Underground Utility and Excavation Contractor’s license was denied at the October 2015 meeting of the Board for failure to demonstrate required experience, pursuant to Florida Statute 489.111 and Rule 61G4-15.001, Florida Administrative Code. The Notice of Intent to Deny was filed in November of 2015. Mr. Hayes timely requested board reconsideration. After discussion, the Board voted to vacate the previous denial, and allow the applicant to withdraw. ARMANDO C. HERNANDEZ II – REQUEST FOR INFORMAL HEARING Mr. Hernandez was present. Mr. Dolan presented this case stating Mr. Hernandez’s application to qualify A- Investments Development Corp. as an additional business was denied at the September 2015 meeting of the Board for failure to appear as required by Rule 61-G4-15.0021, Florida Administrative Code and failure to demonstrate the qualifying agent would have the ability to supervise the construction work and business activities of the organization, as required by section 489.119, Florida Statutes. The Notice of Intent to Deny was filed in October of 2015. Mr. Hernandez timely requested board reconsideration. After discussion, the Board voted to uphold the denial. INNOVEL SOLUTIONS – PETITION FOR DECLARATORY STATMENT The petition was withdrawn



J& K ROOFING, INC. – PETITION FOR DECLARATORY STATMENT A representative of J & K Roofing was not present. Mr. Dolan presented this case stating that J & K Roofing filed a petition for Declaratory Statement on October 13, 2015. The petition was noticed in the Florida Administrative Register on October 27, 2015. Mr. Dolan noted the petitioner asks the Board how much roof sheathing, if there is a percentage, a roofing contractor is allowed to change under a roofing license in the course of a roof replacement. After discussion, the board voted to decline to answer as it relates to an ongoing controversy and that the question is already answered in statute. DANIELLE JORGENSEN – REQUEST FOR INFORMAL HEARING Ms. Jorgensen was present. Mr. Dolan presented this case stating Ms. Jorgensen’s application for a Certified Underground Utility and Excavation Contractor’s license was denied at the September 2015 meeting of the Board for failure to demonstrate required experience, pursuant to Florida Statute 489.111 and Rule 61G4-15.001, Florida Administrative Code. The Notice of Intent to Deny was filed in October of 2015. Ms. Jorgensen timely requested board reconsideration. After discussion, the Board voted to vacate the previous denial, and allow the applicant to withdraw. HIROKI F. KURENUMA – REQUEST FOR INFORMAL HEARING Mr. Kurenuma was present. Mr. Dolan presented this case stating Mr. Kurenuma’s application for a Certified Plumbing Contractor's license was denied at the August 2015 meeting of the Board for failure to demonstrate required experience, pursuant to Florida Statute 489.111 and Rule 61G4-15.001, Florida Administrative Code. The Notice of Intent to Deny was filed in September of 2015. Mr. Kurenuma timely requested board reconsideration. After discussion, the Board voted to vacate the previous denial, and allow the applicant to withdraw. JEFFREY MCGARVEY – RECONSIDERATION OF INFORMAL HEARING Mr. McGarvey was not present Mr. Dolan presented this case stating Mr. McGarvey’s application for a Certified General Contractor’s license was denied at the October 2015 meeting of the Board for failure to demonstrate required experience, pursuant to Florida Statute 489.111 and Rule 61G4-15.001, Florida Administrative Code. The Notice of Intent to Deny was filed in November of 2015. Mr. McGarvey timely requested board reconsideration. After discussion, the Board voted to uphold the denial. BENJAMIN MCINNIS – REQUEST FOR INFORMAL HEARING



Mr. McInnis was present. Mr. Dolan presented this case stating Mr. McInnis’ application for a Certified Roofing Contractor’s license was denied at the September 2015 meeting of the Board for failure to demonstrate required experience, pursuant to Florida Statute 489.111 and Rule 61G4-15.001, Florida Administrative Code. The Notice of Intent to Deny was filed in October of 2015. Mr. McInnis timely requested board reconsideration. After discussion, the Board voted to uphold the denial. BROOKS MICHAEL MYERS – PETITION FOR VARIANCE & WAIVER Mr. Myers was present. Mr. Dolan presented this case stating that Mr. Myers filed a petition for Variance or Waiver on October 30, 2015. The petition was noticed in the Florida Administrative Register on November 9, 2015. Mr. Dolan noted the petitioner asks the Board for a variance from or a waiver of Rule 61G4-16.005, Florida Administrative Code, which requires for the purpose of certification, a passing grade shall be valid only for a period of four (4) years from the date the list of successful candidates is approved by the Board. After discussion, the Board voted to deny the petition because the Petitioner has not shown how application of the rule creates a substantial hardship or violates principles or fairness. JACK ARTHUR PARIS – REQUEST FOR INFORMAL HEARING The board granted Mr. Paris’ request for a 180 day continuance JACQUELINE RATICA – REQUEST FOR INFORMAL HEARING Ms. Ratica was present Mr. Dolan presented this case stating Ms. Ratica’s application for a Certified General Contractor's license was denied at the September 2015 meeting of the Board for failure to demonstrate required experience, pursuant to Florida Statute 489.111 and Rule 61G4-15.001, Florida Administrative Code. The Notice of Intent to Deny was filed in October of 2015. Ms. Ratica timely requested board reconsideration. After discussion, the Board voted to vacate the previous denial, and allow the applicant to withdraw. VITO ROMANO – REQUEST FOR INFORMAL HEARING Mr. Romano was not present. Mr. Dolan presented this case stating Mr. Romano’s application for a Certified Plumbing Contractor's license was denied at the March 2015 meeting of the Board due to the applicant having failed to demonstrate that he has passed an examination that is substantially equivalent to the required Florida certification examination as required by section 489.115(3), Florida Statutes. The Notice of Intent to Deny was filed in March of 2015. Mr. Romano timely requested board reconsideration.



After discussion, the Board voted to vacate the previous denial, and approve the application by examination. FRANK RUSSO – PETITION FOR DECLARATORY STATMENT Mr. Russo was present. Mr. Dolan presented this case stating that Mr. Russo filed a petition for Declaratory Statement on October 15, 2015. The petition was noticed in the Florida Administrative Register on October 29, 2015. Mr. Dolan noted the petitioner asks the Board whether a CGC or CBC can perform/complete a swimming pool resurface with marcite or other coating; perform/complete pool waterline and/or step re-tile’ perform/complete pool leak detection with or without repairs; perform/complete pool re-plumb or new plumbing’ perform/complete pool new equipment set and/or change-out existing equipment; and perform/complete pool deck renovation, and if so, to what extent. After discussion, the board voted to decline to answer due to the petition not referring to a particular set of circumstances, and that it seeks to determine the conduct of another person. SGS CONTRACTING SERVICES – PETITION FOR DECLARATORY STATEMENT The Board granted the petitioner’s 30 day continuance request. JEROLD CLIFTON SHULER – REQUEST FOR INFORMAL HEARING Mr. Shuler was present. Mr. Dolan presented this case stating Mr. Shuler’ application for a Certified Mechanical Contractor's license was denied at the September 2015 meeting of the Board for failure to demonstrate required experience, as required by Florida Statute 489.111, and Rule 61G4-15.001, Florida Administrative Code. The Notice of Intent to Deny was filed in October of 2015. Mr. Shuler timely requested board reconsideration. After discussion, the Board voted to vacate the previous denial and approve the application. RYAN WELLS – REQUEST FOR INFORMAL HEARING Mr. Wells was present. Mr. Dolan presented this case stating Mr. Wells’ application for a change of status for a Certified Commercial Swimming Pool/Spa Contractor’s license was denied at the April 2015 meeting of the Board due to the applicant having open enforcement contrary to section 455.213(3), Florida Statutes. The Notice of Intent to Deny was filed in June of 2015. Mr. Wells timely requested board reconsideration. After discussion, the Board voted to vacate the previous denial, and approve the application. STEVEN WINIARCZYK – PETITION FOR VARIANCE & WAIVER Mr. Winiarczyk was present.



Mr. Dolan presented this case stating that Mr. Winiarczyk filed a petition for Variance or Waiver on October 23, 2015. The petition was noticed in the Florida Administrative Register on December 9, 2015. Mr. Dolan noted the petitioner asks the Board for a variance from or a waiver of Rule 61G4-16.005, Florida Administrative Code, which requires for the purpose of certification, a passing grade shall be valid only for a period of four (4) years from the date the list of successful candidates is approved by the Board. After discussion, the Board voted to deny the petition because the Petitioner has not shown how application of the rule creates a substantial hardship or violates principles or fairness. COMMITTEE REPORTS EXAMS/CE/PUBLIC AWARENESS COMMITTEE – Christopher Cobb Mr. Cobb gave the following report: AAA CONSTRUCTION SCHOOL INC 1st course: 10 Hour Construction Success: approved ASHI SCHOOL 1st course: Wind Mitigation Form 1802: contingent approval BROWN & BROWN INSURANCE 1st course: Workers Compensation: approved CONSTRUCTION SERVICES ENTERPRISES INC 1st course: Key Elements of Project Management: approved CONSTRUCTION SPECIFICATIONS INSTITUTE – PENSACOLA CHAPTER 1st course: Tile Installation: Changes & Trends: approved CONTRACTORS EDUCATION & TRAINING CORPORATION 1st course: Integrity in Construction v4: approved FLORIDA ASSOCIATION OF BUILDING INSPECTORS INC 1st course: Plaster and Lathing: approved 2nd course: Roof Geometry and Classification: approved FLORIDA BAR, THE FLORIDA BAR’S COMMITTEE ON RELATIONS W/ CPAS 1st course: Best Practices in Contract Negotiations and Understanding Insurance Coverage: denied INFORMA EXHIBITIONS US CONSTRUCTION AND REAL ESTATE INC 1st course: Changing your Safety Culture through Voluntary Protection Programs (VPP): approved 2nd course: Does your Company have Hidden Labor Saving Opportunities?: approved 3rd course: Don’t be on the Wrong Side of Regulatory Requirements Just because you want a Good Roof: approved 4th course: Energy Efficient Commercial Roof Deduction: approved 5th course: Going Green: What Professionals Need to Know to Create a Sustainable Roofing System using Insulation and Attachments: approved



6th course: New Hire Orientation – How to Get their New Career Off to a Safe Start: approved 7th course: The Reality of Cash Flow: approved 8th course: The Rise of Property Drone Utilization for Roofing: approved 9th course: TPO Weathering: approved NATIONAL ROOFING LEGAL RESOURCE CENTER (NRLRC) 1st course: Roofing Issues – Decks to Dockets (RV-10835) : 60day continuance ONE EXAM PREP INC 1st course: Advertising: denied 2nd course: Broward County Chapter 9: denied 3rd course: Business Overhead: denied 4th course: Contracts: denied 5th course: Customer Service: denied 6th course: Entrepreneurship – Your Own Biz: denied 7th course: Florida Lien Law: denied 8th course: Hiring Employees and Initial Documentation: denied 9th course: Insurance : denied 10th course: Internet and Social Media: denied 11th course: Laws and Rules: denied 12th course: Successful Business Practices: denied 13th course: Wind Mitigation: denied 14th course: Workers’ Compensation: denied 15th course: Workplace Safety – OSHA: denied PLUMBING CONTRACTORS ASSOCIATION 1st course: ANSI/ASHRAE Standard 188-2015 Water Quality & Minimizing Microbial Growth: denied 2nd course: Understanding Condensing Tankless Water Heater Technology: denied RECTORSEAL 1st course: Installation Best Practices for DMS Equipment: denied 2nd course: Locking Refrigerant Caps: Inhalant Abuse and the Role of of the HVACR Technician: denied REDVECTOR.COM INC 1st course: Construction Project Documents Navigation Pitfalls (RV-10787AW): approved 2nd course: Developing an Employee Safety Training Program (RV-10778): 60 day continuance 3rd course: Filtration and Air Cleaning (RV-10874AW): 60 day continuance 4th course: Residential Green Remodeling Design, Construction and Certification (RV-10858): 60 day continuance SEMINAR GROUP 1st course: Construction Law in Florida: approved With nothing further to report the board voted to approve this report. RULES/PUBLIC/LEGISLATIVE COMMITTEE – Roy Lenois Mr. Dolan gave the following report:



61G4-15.032: Certification of Swimming Pool Specialty Contractors • Sent to OFARR: RD: 09/24/2015 • Rules Development Published: 10/02/2015

61G4-15.001: Qualification for Certification

• Sent to OFARR: RD: 06/04/2015 • Rules Development Published: 06/12/2015 • Notice Published: 12/2/2015 • Adopted:12/15/2015

61G4-12.018: Notification of Investigative and Prosecutorial Costs (Repeal)

• Sent to OFAAR: 11/06/2015 • Notice Published: 11/09/2015 • Adopted: 12/10/2015 • Effective: 12/30/2015

61G4-15.0055: Job Scopes for Registered Licensure Categories (Repeal)

• Sent to OFAAR: 11/06/2015 • Notice Published:11/09/2015 • Adopted: 12/18/2015 • Effective: 01/07/2016

61G4-15.010: Requirements for Applicant Seeking Administration of Oral Examination (Repeal)


61G4-15.014: Violation of Final Orders (Repeal)


61G4-17.008: Stipulations (Repeal)


61G4-12.011: Definitions:

• Sent to OFAAR: 12/14/2015 • Rules Development Published: 12/21/2015

With nothing further to report the board voted to approve this report. RECOVERY FUND COMMITTEE – Rick Kane



Mr. Kane gave the following report:

Sullivan vs. Houpt; Claim No. 2015-040644: $1,973.65 Leyva vs. Ameen; Claim No. 2006-054408: $3,450.00

Talerico vs. Farinella; Claim No. 2015-029836: 90 day continuance Govrin vs. Hotchkiss; Claim No. 2013-044632: $3,860.00 Cantolino vs. Matasa; Claim No. 2015-032720: $35,141.00

With nothing further to report the board voted to approve this report. OLD BUSINESS Removal of old materials from laptop. NEW BUSINESS With no further business the meeting was adjourned at 11:31am.



FLORIDA CONSTRUCTION INDUSTRY LICENSING … CONSTRUCTION INDUSTRY LICENSING BOARD . ... Christian P....

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